Race discrimination

Case 2: The facts

Mr Ukachukwu was involved in an incident with a colleague at work, after which he alleged that the colleague had made racially offensive comments. None of the witnesses to the incident supported this version of events, and Ukachukwu’s employer suspended him for making false allegations – a charge that was dropped after further investigation. Following his suspension, Ukachukwu went on sick leave with work-related stress and did not return; he was dismissed six months later for incapability on grounds of ill health.

A tribunal upheld Ukachukwu’s claims of race discrimination and unfair dismissal.

The ruling

The Employment Appeal Tribunal (EAT) overturned the finding of race discrimination, as the tribunal had not compared Ukachukwu’s treatment with an appropriate comparator (hypothetical or otherwise). The EAT was satisfied that the employer would have treated anyone else who had made such a complaint in the same way, and held that Ukachukwu had not been discriminated against.

However, the EAT added, the tribunal’s ruling that Ukachukwu had been unfairly dismissed because his employer had failed to get an up-to-date medical report was permissible and would stand.